§183D-5 Penalties. (a) Any person
violating section 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adopted
under this chapter shall be guilty of a petty misdemeanor, and upon conviction
thereof, shall be punished as follows:

(1) For a first conviction, by a mandatory fine of
not less than $100, or imprisonment of not more than thirty days, or both;

(2) For a second conviction within five years of a
previous conviction, by a mandatory fine of not less than $500, or by
imprisonment of not more than thirty days, or both, and all firearms used in
the commission of the violations shall be considered contraband to be forfeited
to and disposed of by the State; and

(3) For a third or subsequent conviction within five
years of the first two or more convictions, by a mandatory fine of not less
than $1,000, or by imprisonment of not more than thirty days, or both, and all
firearms used in the commission of the violations shall be considered
contraband to be forfeited to and disposed of by the State.

(b) Any person violating section 183D-66,
183D-25.5, 183D‑26, 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punished as follows:

(1) For a first conviction by a mandatory fine of not
less than $200, or by imprisonment of not more than one year, or both;

(2) For a second conviction within five years of a
previous conviction, by a mandatory fine of not less than $1,000, or by
imprisonment of not more than one year, or both, and all firearms, animal parts,
products, or items containing prohibited animal parts or products used in the
commission of the violations shall be considered contraband to be forfeited to
and disposed of by the State; and

(3) For a third or subsequent conviction within five
years of the first two or more convictions, by a mandatory fine of not less
than $2,000, or by imprisonment of not more than one year, or both, and all
firearms, animal parts, products, or items containing prohibited animal parts
or products used in the commission of the violations shall be considered
contraband to be forfeited to and disposed of by the State.

(c) Any person who violates section 183D-52
shall be guilty of a misdemeanor, and upon conviction thereof, shall be
punished as follows:

(1) For a first conviction, by a mandatory fine of
not less than $10,000 and payment of any costs incurred in the eradication of
any deer and the deer's progeny that has been possessed, transferred,
transported, or released after transport, or by imprisonment of not more than
one year, or both;

(2) For a second conviction within five years of a
previous conviction, by a mandatory fine of not less than $15,000 and payment
of any costs incurred in the eradication of any deer and the deer's progeny
that has been possessed, transferred, transported, or released after transport,
or by imprisonment of not more than one year, or both; and

(3) For a third or subsequent conviction within five
years of the first two or more convictions, by a mandatory fine of not less
than $25,000 and payment of any costs incurred in the eradication of any deer
and the deer's progeny that has been possessed, transferred, transported, or
released after transport, or by imprisonment of not more than one year, or
both.

(d) Any person who violates section 183D-35,
183D-36, 183D-37, 183D-38, 183D-39, 183D-40, or 183D-42 shall be guilty of a
petty misdemeanor, and upon conviction thereof, shall be fined not less than
$100 or imprisoned not more than thirty days, or both.

(e) In addition to any other penalty imposed
under this section, a mandatory fine of $100 shall be levied for each bird
illegally taken under this chapter and a mandatory fine of $500 shall be levied
for each mammal illegally taken under this chapter.

(f) Any person who is convicted of violating
any of the game laws of the State shall immediately have the person's hunting
license forfeited and any person convicted for a second offense shall not be
granted a license to hunt for a period of three years after the date of the
second conviction.

(g) The environmental court, in lieu of the
actual cash payment of any mandatory fine, may allow the defendant to perform the
community service as directed by the department of land and natural resources
at the rate of one hour of service for every $10 of mandatory fine imposed.

(h) Any criminal action against a person for
any violation of this chapter shall not be deemed to preclude the State from
pursuing civil legal action to recover administrative fines and costs against
that person. Any civil legal action against a person to recover administrative
fines and costs for any violation of subtitle 4 of title 12 or any rule adopted
thereunder shall not be deemed to preclude the State from pursuing any criminal
action against that person. [L 1985, c 174, pt of §4; am L 1996, c 50, §2 and c
152, §2; am L 1999, c 196, §1; am L 2012, c 144, §4; am L 2014, c 218, §8; am L
2016, c 125, §3]